ANTHEM, INC. v. RUSSO
Plaintiff: ANTHEM, INC.
Defendant: MARC RUSSO
Case Number: 1:2019cv04312
Filed: October 23, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Matthew P Brookman
Referring Judge: James R Sweeney
Nature of Suit: Commerce ICC Rates, Etc.
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 4, 2019 Opinion or Order Filing 58 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conferences held on 12/2/2019. A settlement has been reached in this action. All that remains to be done is the execution of documents and/or delivery of funds, if so required, in accordance with their agreement. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, hearings and trial, if any, are VACATED. IT IS ORDERED that within thirty (30) days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal and submit an order for the Court's signature ordering the dismissal of this action (in conformance with the agreement of the parties). Failure to comply with this order will result in DISMISSAL WITH PREJUDICE pursuant to Rule 41(b), Fed. R. Civ. P. for failure to prosecute this action in a timely manner. Additional time to complete the execution of the settlement document may be granted if requested in writing prior to the expiration of this period of time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
November 27, 2019 Filing 57 RESPONSE IN OPPOSITION, re #54 Brief/Memorandum in Support, filed by Defendant MARC RUSSO. (Attachments: #1 Exhibit 1 - Notice of Subpoena, #2 Affidavit Marc Russo, #3 Affidavit Lawrence Anderson)(Nero, Suzanne)
November 27, 2019 Opinion or Order Filing 55 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 11/27/2019. Plaintiff's Motion to Compel (Docket No. #53 ) is DENIED. An opinion will follow from the Court at a later date. An EX PARTE TELEPHOIC STATUS CONFERENCE regarding mediation with Defendant, Mark Russo and his counsel is set for 12/2/2019 at 12:30 PM (Eastern Time) before Magistrate Judge Matthew P. Brookman. An EX PARTE TELEPHOIC STATUS CONFERENCE regarding mediation with Plaintiff, Anthem, Inc. and its counsel is set for 12/2/2019 at 04:00 PM (Eastern Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
November 25, 2019 Filing 54 BRIEF/MEMORANDUM in Support re #53 MOTION to Compel Molinas 2020 Long-Term Strategic Plan , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Molina Response to Second Document Subpoena, #2 Exhibit B - Amended Response to Second Anthem Subpoena, #3 Exhibit C - Emails re Meeting with Molina, #4 Exhibit D - Calendar Invite for Interview with Russo, #5 Exhibit E - Calendar Invite for Interview with Russo, #6 Exhibit F - Call on August 23, #7 Exhibit G - Call on August 30, #8 Exhibit H - October 14 Email from Molina's CEO, #9 Exhibit I - October 21 Email from Molina's CHRO, #10 Exhibit J - October 21 Email from Molina Executive, #11 Exhibit K - October 25 Email re State Coverage, #12 Exhibit L - November 1 Email re Molina 2020 Plan Meetings, #13 Exhibit M - November 1 Email re Molina 2020 Plan Meetings, #14 Exhibit N - November 1 Email to Russo re 2020 Molina Plan Meetings)(Hidde, Kandi)
November 25, 2019 Filing 53 MOTION to Compel Molinas 2020 Long-Term Strategic Plan, filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi)
November 25, 2019 Opinion or Order Filing 52 ORDER granting #51 Motion for Entry of Order Amending PI Discovery Schedule. The PRELIMINARY INJUNCTION HEARING currently set for December 13, 2019 at 9:00 a.m. (EST) is VACATED and RESET to DECEMBER 19, 2019 at 8:30 a.m. (EST) in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before District Judge James R. Sweeney II. SEE ORDER FOR OTHER DEADLINES. Signed by Magistrate Judge Matthew P. Brookman on 11/25/2019. (JRB)
November 22, 2019 Filing 51 Joint MOTION for Entry of Order Amending PI Discovery Schedule, filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi)
November 22, 2019 Opinion or Order Filing 49 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 11/21/2019. A number of discovery issues were discussed today. The parties are to meet and confer regarding the remaining issues. If discovery issues remain after that meet and confer the Plaintiff shall submit appropriate, expedited briefing by Monday, November 25, 2019. Defendant shall file an expedited response to the same by Tuesday, November 26, 2019. A reply brief is not anticipated. Telephonic Status Conference set for 11/27/2019 at 10:30 AM (Eastern Time)before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
November 21, 2019 Opinion or Order Filing 48 ORDER granting #47 Motion to Appear pro hac vice. Attorney Dana E. Foster for ANTHEM, INC. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 11/21/2019. (JRB)
November 20, 2019 Filing 47 MOTION for Attorney(s) Dana E. Foster to Appear pro hac vice (Filing fee $100, receipt number 0756-5732756), filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Certification of Dana Foster, #2 Text of Proposed Order)(Hidde, Kandi)
November 20, 2019 Opinion or Order Filing 46 ORDER granting #43 Motion to Appear pro hac vice. Attorney Christopher G. Caldwell for MARC RUSSO added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 11/20/2019. (JRB)
November 20, 2019 Opinion or Order Filing 45 ORDER granting #42 Motion to Appear pro hac vice. Attorney Suzanne Nero for MARC RUSSO added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 11/20/2019. (JRB)
November 20, 2019 Opinion or Order Filing 44 ORDER granting #41 Motion to Appear pro hac vice. Attorney Quyen L. Ta for MARC RUSSO added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 11/20/2019. (JRB)
November 19, 2019 Filing 43 MOTION for Attorney(s) Christopher G. Caldwell to Appear pro hac vice (Filing fee $100, receipt number 0756-5730081), filed by Defendant MARC RUSSO. (Attachments: #1 Exhibit A- Certification of Christopher G. Caldwell, #2 Text of Proposed Order)(Kaiser, Todd)
November 19, 2019 Filing 42 MOTION for Attorney(s) Suzanne E. Nero to Appear pro hac vice (Filing fee $100, receipt number 0756-5730025), filed by Defendant MARC RUSSO. (Attachments: #1 Exhibit A- Certification of Suzanne E. Nero, #2 Text of Proposed Order)(Kaiser, Todd)
November 19, 2019 Filing 41 MOTION for Attorney(s) Quyen L. Ta to Appear pro hac vice (Filing fee $100, receipt number 0756-5729964), filed by Defendant MARC RUSSO. (Attachments: #1 Exhibit A- Certification of Quyen L. Ta, #2 Text of Proposed Order)(Kaiser, Todd)
November 18, 2019 Opinion or Order Filing 40 STIPULATED PROTECTIVE ORDER - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 11/18/2019.(JRB)
November 18, 2019 Filing 39 Submission Tender of Security Bond, filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Bond 070207449)(Hidde, Kandi)
November 15, 2019 Filing 38 Joint MOTION for Protective Order , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Protective Order)(Hidde, Kandi)
November 14, 2019 Filing 36 ANSWER to #1 Complaint , filed by MARC RUSSO.(Kaiser, Todd)
November 14, 2019 Opinion or Order Filing 35 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 11/13/2019. The parties conducted settlement negotiations, but they were unable to reach an agreement. Plaintiff's Motion for Discovery (Expedited) is GRANTED in part. (Docket No. #27 ). Preliminary Injunction Motion discovery will proceed as follows: a. The parties are to respond to all written discovery by November 15, 2019. b. The parties will jointly move for a protective order by November 15, 2019. c. The parties are to respond to all requests for production by November 18, 2019. d. A TELEPHONIC DISCOVERY CONFERENCE is set for Thursday, November 21, 2019 at 12:00 p.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. e. The parties are to complete depositions from December 2 to December 5, 2019. Plaintiff anticipates two depositions. Defendant anticipates five depositions. f. The preliminary injunction briefing schedule shall be: i. Plaintiff's brief in support of preliminary injunction is to be filed by December 6, 2019; ii. Defendant's response to the brief in support is to be filed by December 10, 2019; and iii. Plaintiff's reply is to be filed by December 12, 2019. g. An order for a preliminary injunction hearing will be set by separate entry. The parties anticipate needing a half-day hearing with exhibits, but no live witnesses. The parties request a December 13, 2019 hearing. **SEE ORDER** Signed by Magistrate Judge Matthew P. Brookman. (TMB)
November 13, 2019 Opinion or Order Filing 34 Temporary Restraining Order - Plaintiff Anthem, Inc. moves for a temporary restraining order against its former employee, Defendant Marc Russo, enjoining Russo from working for Molina Healthcare, Inc. Russo received notice of the motion and responded through counsel. Having considered Plaintiff's Complaint, its Motion for Temporary Restraining Order, and the parties' briefs and accompanying evidence, the Court finds that the evidence establishes the elements necessary to issue a temporary restraining order. Preliminary Injunction Hearing set for 12/13/2019 at 9:00 AM (Eastern Time) in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge James R. Sweeney II. (See Order.) Signed by Judge James R. Sweeney II on 11/13/2019.(BRR)
November 13, 2019 Opinion or Order Filing 33 SCHEDULING ORDER - This telephonic hearing on Plaintiff's Motion for Temporary Restraining Order [Dkt. 24] set for November 13, 2019 at 4:30 p.m. is hereby VACATED. Copy Mailed.(CKM)
November 13, 2019 Opinion or Order Filing 31 SCHEDULING ORDER - Telephonic Hearing on Plaintiff's Motion for Temporary Restraining Order #24 is set for 11/13/2019 04:30 PM before Judge Sarah Evans Barker. Counsel only shall participate in this conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Copy Mailed. (CKM) Modified on 11/13/2019 (LDH).
November 11, 2019 Filing 30 REPLY in Support of Motion re #24 MOTION for Temporary Restraining Order , filed by Plaintiff ANTHEM, INC.. (Hidde, Kandi)
November 11, 2019 Filing 29 APPENDIX (Index) of Exhibits to Plaintiff Anthem, Inc.s Reply Memorandum in Support of its Motion for Temporary Restraining Order by ANTHEM, INC.. (Attachments: #1 Exhibit A - Unredacted Schedule A, #2 Exhibit B - Unredacted Grant Awards, #3 Affidavit Declaration of Thomas Zielinski, #4 Affidavit Declaration of Felicia Norwood)(Hidde, Kandi)
November 8, 2019 Filing 28 RESPONSE in Opposition re #24 MOTION for Temporary Restraining Order , filed by Defendant MARC RUSSO. (Attachments: #1 Exhibit A - Declaration of Marc Russo, #2 Exhibit B - Declaration of Lawrence Anderson)(Kaiser, Todd)
November 6, 2019 Filing 27 MOTION for Discovery EXPEDITED, filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Anthem's 1st Set of Rogs to Defendant, #2 Exhibit B - Anthem's 1st Set of RFPs to Defendant, #3 Exhibit C - Anthem Notice of Subpoena for 1st RFP to Molina, #4 Exhibit D - Anthem's Notice of subpoena to testify at deposition to Molina, #5 Exhibit E - 2nd Document Subpoena to Molina, #6 Text of Proposed Order)(Hidde, Kandi)
November 6, 2019 Filing 26 MOTION for Emergency Hearing re #24 MOTION for Temporary Restraining Order , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi)
November 6, 2019 Filing 25 BRIEF/MEMORANDUM in Support re #24 MOTION for Temporary Restraining Order , filed by Plaintiff ANTHEM, INC.. (Hidde, Kandi)
November 6, 2019 Filing 24 MOTION for Temporary Restraining Order , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Schedule A to Employment Agreement, #2 Text of Proposed Order)(Hidde, Kandi)
November 6, 2019 Opinion or Order Filing 23 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 11/6/2019. The briefing schedule for any anticipated Motion for Temporary Restraining Order shall be as follows: Plaintiff's Motion shall be filed by the close of business November 6, 2019. Defendant's Response shall be filed by the close of business November 8, 2019. Plaintiff's Reply shall be filed by the close of business November 11, 2019. Settlement Conference set for 11/13/2019 at 09:00 AM (Eastern Time) in room #316, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Matthew P. Brookman. Clients with full settlement authority are to be present in person at this conference. Defendant's Motion for Expedited Status and Scheduling Conference (Docket No. #18 ) is DENIED AS MOOT. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
November 5, 2019 Filing 22 RESPONSE in Opposition re #18 MOTION for Expedited Status and Scheduling Conference , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Email from Ogletree to White & Case, #2 Exhibit B - Email from Molina to Anthem, #3 Exhibit C - Email from White & Case to Molina, #4 Exhibit D - Email from White & Case to Marc Russo)(Hidde, Kandi)
November 5, 2019 Opinion or Order Filing 20 SCHEDULING ORDER - Telephonic Status Conference set for 11/6/2019 at 11:00 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 11/5/2019.(JRB)
November 5, 2019 Opinion or Order Filing 19 ORDER granting #17 Motion to Appear pro hac vice. Attorney Thomas A. Lidbury for MARC RUSSO added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 11/5/2019. (JRB)
November 4, 2019 Filing 18 MOTION for Expedited Status and Scheduling Conference, filed by Defendant MARC RUSSO. (Attachments: #1 Text of Proposed Order)(Kaiser, Todd)
November 1, 2019 Filing 17 MOTION for Attorney(s) Thomas A. Lidbury to Appear pro hac vice (Filing fee $100, receipt number 0756-5704781), filed by Defendant MARC RUSSO. (Attachments: #1 Exhibit A - Certification of Thomas Lidbury, #2 Text of Proposed Order)(Kaiser, Todd)
November 1, 2019 Filing 16 RETURN of Service, filed by ANTHEM, INC.. MARC RUSSO served on 10/24/2019. (Attachments: #1 Exhibit A - Affidavit of Service)(Hidde, Kandi)
October 31, 2019 Opinion or Order Filing 15 ORDER granting #14 Motion to Appear pro hac vice. Attorney Iris Greenquist for ANTHEM, INC. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 10/31/2019. (JRB)
October 30, 2019 Filing 14 MOTION for Attorney(s) Iris Greenquist to Appear pro hac vice (Filing fee $100, receipt number 0756-5700137), filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Certification of Iris Greenquist, #2 Text of Proposed Order)(Hidde, Kandi)
October 29, 2019 Filing 13 NOTICE of Appearance by Steven A Baldwin on behalf of Defendant MARC RUSSO. (Baldwin, Steven)
October 29, 2019 Filing 12 NOTICE of Appearance by Todd J. Kaiser on behalf of Defendant MARC RUSSO. (Kaiser, Todd)
October 25, 2019 Filing 11 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC)
October 24, 2019 Opinion or Order Filing 10 ORDER granting #7 Motion to Appear pro hac vice. Attorney Heather M. Burke for ANTHEM, INC. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 10/24/2019. (JRB)
October 24, 2019 Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
October 24, 2019 Filing 8 Summons Issued as to MARC RUSSO. (DJH)
October 24, 2019 Opinion or Order ORDER granting #6 Motion to Appear pro hac vice. Attorney Glenn M. Kurtz for ANTHEM, INC. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 10/24/2019. (JRB)
October 23, 2019 Filing 7 MOTION for Attorney(s) Heather M. Burke to Appear pro hac vice (Filing fee $100, receipt number 0756-5691362), filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Certification of Heather Burke, #2 Text of Proposed Order)(Hidde, Kandi)
October 23, 2019 Filing 6 MOTION for Attorney(s) Glenn M. Kurtz to Appear pro hac vice (Filing fee $100, receipt number 0756-5691355), filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Certification of Glenn M. Kurtz, #2 Text of Proposed Order)(Hidde, Kandi)
October 23, 2019 Filing 5 Corporate Disclosure Statement by ANTHEM, INC.. (Hidde, Kandi)
October 23, 2019 Filing 4 AMENDED COMPLAINT CORRECTED against ANTHEM, INC., filed by ANTHEM, INC.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A - Employment Agreement, #4 Exhibit B - Executive Agreement, #5 Exhibit C - Performance Stock Unit Award Agreement)(Hidde, Kandi)
October 23, 2019 Filing 3 NOTICE of Appearance by Darren Andrew Craig on behalf of Plaintiff ANTHEM, INC.. (Craig, Darren)
October 23, 2019 Filing 2 NOTICE of Appearance by Kandi Kilkelly Hidde on behalf of Plaintiff ANTHEM, INC.. (Hidde, Kandi)
October 23, 2019 Filing 1 COMPLAINT against MARC RUSSO, filed by ANTHEM, INC.. (Filing fee $400, receipt number 0756-5690900) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A - Employment Agreement, #4 Exhibit B - Executive Agreement, #5 Exhibit C - Performance Stock Unit Award Agreement)(Hidde, Kandi)

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Search for this case: ANTHEM, INC. v. RUSSO
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Defendant: MARC RUSSO
Represented By: Christopher G. Caldwell
Represented By: Suzanne Nero
Represented By: Quyen L. Ta
Represented By: Steven A Baldwin
Represented By: Thomas A. Lidbury
Represented By: Todd J. Kaiser
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Plaintiff: ANTHEM, INC.
Represented By: Kandi Kilkelly Hidde
Represented By: Darren Andrew Craig
Represented By: Dana E. Foster
Represented By: Glenn M. Kurtz
Represented By: Iris Greenquist
Represented By: Heather M. Burke
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